Our society exists for human. Despite of the original purpose of the society, some people in the low class are neglected and deprived of their rights. Among them, this paper will focus on the low class, especially mentally retarded females who are rel...
Our society exists for human. Despite of the original purpose of the society, some people in the low class are neglected and deprived of their rights. Among them, this paper will focus on the low class, especially mentally retarded females who are relatively more exposed to sexual violence.
In the first instance, it is necessary to accurately have a correct understanding of mental retardation. Mental retardation is a condition in which there is delay or deficiency in all aspects of development. A peculiarity of this disabled people is global and noticeable deficiency in the development of motor, cognitive, social, and language functions. This is the commonest form of developmental disability.
Moreover, Measuring the surface area of intelligence, Not all mentally retarded people have the same level of intelligence. A more practical and simpler way of classifying mental retardation is to think of only two categories: mild mental retardation with an IQ range of 50-70, and severe mental retardation with an IQ below 35. Though the concept of IQ is useful in some ways, it does not always give the true picture of the abilities of the person. And it's the matter of primary importance that mentally disabled people are exactly alike the average man.
In the second place, Sexual assault can happen within an intimate relationship, on a date, with an acquaintance, with a family member or with a stranger. The effects of this sexual assault or abuse don't go away. Damage symptoms of sexual abuse are confusion, shame, fear, guilt and anger. Many will try to forget this devastating experience. The case about Sexual violence against Mentally Retarded Women also experiences such complex psychological problem, social, economic damage and so on.
Everyone has the right to live without fear of abuse, In specialty, mentally retarded women. Nonetheless, because of an mental disorder, Sexual abuse against mentally retarded women is uniquely difficult to prosecute.
Among sexual violence cases, the most spot-lighted case, which attracted not female civic groups and common folk’s attention, was Ulsan district court’s decision made on April, 23, 2004. It declared offenders who assaulted mental retarded women rape not guilty.
Considering other casesbased on this judgement, males easily have done sexual violence to mentally retarded women, even this violence is not limited one time, occurs repeatedly.
Despite of this serious situation, victims are not under the protection of the law, because they cannot describe damages with their mental problem. Even the society treats them coldly and does not ensure their rights. Also, as the false perception of about this issue has been formed among common people, this kind of case is on the increase.
To solve these problems in reality, this paper will discuss about the concepts and institutions that are controversial under the criminal law. This paper dealt with a couple of questions under the criminal law as a substantial law and criminal procedure law as a procedural law and several problems on the process of investigation or trail, and presented that what should be improved in the future in the consideration of the problems.
Of course the situation of mentally retarded women cannot be showed exactly in this paper, however, this effort to deal with their problems will urge our society to concern about neglected people and to reflect position of the weak. I expect that our society will make a atmosphere that mentally retarded women also enjoy their sexual right and embrace them with open mind.